PFLANZ v. FOSTER

No. 36S01-0710-CV-425.

888 N.E.2d 756 (2008)

Richard U. PFLANZ and Delores J. Pflanz, Appellants (Plaintiffs Below), v. Merrill FOSTER, Individually, Merrill Foster, d/b/a Friendly Foster's Service, and Sunoco, Inc. (R & M), Appellees (Defendants Below).

Supreme Court of Indiana.

June 19, 2008.


Attorney(s) appearing for the Case

Donn H. Wray, Justin W. Leverton, Indianapolis, IN, Attorneys for Appellants.

Rodney E. Farrow, Seymour, IN, Attorney for Appellees.

George M. Plews, Christopher J. Braun, Jeffrey D. Featherstun, John D. Moriarty, Indianapolis, IN, Attorneys for Amicus Curiae The Indiana Petroleum Marketers and Convenience Store Association.

John C. Trimble, Richard K. Shoultz, Indianapolis, IN, Attorneys for Amici Curiae Insurance Institute of Indiana, Inc. and National Association of Mutual Insurance Companies.

Donald M. Snemis, Brent H. Huber, Freedom S.N. Smith, Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Cities and Towns and Indiana Municipal Lawyers' Association.


SHEPARD, Chief Justice.

The question here is whether a property owner's claim for contribution toward environmental cleanup costs is barred by the statute of limitation if the owner should have known about the contamination more than ten years before the complaint was filed. We hold that the statute of limitation does not begin to run until the owner is ordered to cleanup the property, regardless of whether an owner earlier knew or should have known about the need...

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